Change The Settlement And Residence Act Implementation Regulation

Original Language Title: Änderung der Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung

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201 regulation of the Federal Minister for Home Affairs, the settlement and residence Act implementation regulation modifies the

On the basis of the settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 38/2011, is prescribed:

The regulation of the Federal Minister of the Interior on the implementation of the settlement and residence Act (establishment and residence Act regulation - NAG-DV), Federal Law Gazette II No. 451/2005, as last amended by regulation Federal Law Gazette II No. 498/2009, is amended as follows:

1. in the heading of section 1, the quote will be replaced 'Paragraph 3' by the quote "Paragraph 2".

2. in the heading of section 1, the word "Appearance" is replaced by the word "Form".

3. the heading of section 2 is as follows:

"Residence permit"

4. paragraph 2 paragraph 1:

"(1) a permit may be granted to the branch as: 1"red white red - card"(§ 8 para 1 subpara 1 NAG);"

2. "red white red card plus" (article 8, paragraph 1 Z 2 NAG);

3. "EU blue card" (article 8, paragraph 1 Z 3 NAG);

4. "Residence permit" (section 8, paragraph 1 Z 4 NAG);

5. "Settlement permit - gainful" (article 8, para. 1 sub-para. 5 NAG);

6 "Settlement permit - dependant" (article 8, para. 1 No. 6 NAG);

7 "Long-term resident - EC" (article 8, paragraph 1 Z 7 NAG);

8 "Member of the family" (article 8, paragraph 1 Z 8 NAG);

"9"Long-term resident - family member"(article 8, paragraph 1 Z 9 NAG)."

5. in article 2, paragraph 3 "may be" the parenthetical expression (1 or 2) replaces and the phrase "" Residence permit"and"Permit"are" the phrase by the parenthetical expression (para. 2).

6. pursuant to article 2, following paragraphs 2a and 2B including headings shall be inserted:

"Photo

§ 2a. (1) the photograph has to be colored and the requirements of Regulation (EC) No 1030/2002 on a uniform format of for residence permits for third-country nationals, OJ No. L 157 of the 15.06.2002 S. 1 in the version of amended by Regulation (EC) No. 380/2008, OJ L 115 of the 29.4.2008 comply with S. 1, in particular the required conditions and quality characteristics.

(2) the photograph must not be older than six months and must indicate clearly the applicant. It must be the size of 45 mm x 35 mm in portrait mode. Just smooth and glossy paper without surface structure may be used for the photo. The photograph can have no damage, contamination or unnatural colors.

(3) the photograph must show only the person of the applicant, other people or objects in the photograph are not permitted. The background must be plain bright and may have no pattern.

(4) the head of the person should take up about two-thirds of the image. The eye distance must be at least 8 mm. The photograph must show the person in a frontal shot with unobstructed eyes and neutral facial expression, the skin tones are possible of course to play. A representation of the person with head tilted or rotated is not permitted. The wearing of headgear is allowed only for medical or religious reasons.

(5) the face must be evenly lit and sharp pictured in all areas, high contrast and clear. Shadows in the face and reflections must be avoided. Eyeglasses straps the eyes should be clear and evident.

(6) as far as this index of the level of development of the person or physical conditions, derogations from paragraph 4 are allowed.

Papillar line prints

§ 2 b (1) foreigners who apply for a residence permit, have to take part in the acceptance of the Papillar line prints.

(2) there are flat fingerprints of all fingers of the right and left hand to take off, if not 3 to 5 to the application appears.

(3) the residence permit is barriers preclude the acquisition of Papillar line fingerprints of all fingers of both hands not merely for a short period of time or permanently, without this biometric feature.

(4) an impediment pursuant to paragraph 3 to the competent authority is not clear, the applicant has the authority through medical report to make it believable.

(5) in the case of minors who have not yet completed the sixth year of life, distance is the decrease of the reader to take."

7 § 7 para 1 No. 3 is: "3. identification of the applicant in accordance with § 2a;"

8. in article 7, paragraph 3, the phrase "copy" is omitted.

9 § 8 No. 7 lit. a and b are: 'a) acceptance of the University, University of applied sciences, accredited private University, the College, the recognized private college, of the recognised private course or of recognized private college course;

"(b) in the case of a renewal application for a written proof of the University, University of applied sciences, accredited private University, the College of education, the recognized private College of education, of the recognized private course or of the recognized private college course on the student's success in the previous year, in particular a study track record pursuant to section 75 para 6 of the University Act 2002 (UG), Federal Law Gazette I no. 120 idF BGBl I no. 13 / 2011 as well as a current study sheet and a study confirmation pursuant to § 62 para 4 UG;"

10 paragraph 9 together with the heading:

"Further documents and evidence for residence permit in accordance with article 8, paragraph 1 Z 1 and 3 NAG

9. (1) in addition to the documents referred to in article 7 and evidence are the application for a residence permit "Red white red - card" in accordance with article 41, paragraph 1 following further documents and evidence to connect, if this were not already submitted before granting a visa pursuant to Article 24a, paragraph 2 FPG NAG: 1 establishing a degree at a tertiary education institution four years minimum: a) certificate of successful completion of the studies and b) proof of the status of University or other tertiary education institution;

2. establishing a habilitation the document with which this was; awarded

3. proof of last year's gross annual salary in a leadership position of a listed company or a company whose activities or business field is a positive opinion of the competent foreign authority: a) tax or salary confirmation, b) confirmation of the employer, that the applicant is in a leadership position was active and c) evidence that listed the company on the stock exchange or a positive opinion of the competent Trade Commission relating to the activities or the business of the company;

4. establishing a research or innovation activity: a) proof of scientific publications, specifying the title and the reference, b) confirmation of a university or a public or private research institution that was the applicant in the research and development or in the scientific, academic including the research-led teaching, or c) proof of the patent application with extract from the national or regional patent register;

5. establishing recognized awards and prizes is a certificate confirming ceremony;

6 for the detection of experience: a) certificate of service and b) confirmation of employment;

7. to detect the presence of the German or English language skills a knowledge affirmative internationally recognized language certificate or course certificate.

8. to the proof of studies in Austria (second study section or half of the ECTS credit points) the appropriate semester and the corresponding certificates;

9. to the proof of a diploma degree or Bachelor and master studies in Austria a certificate of successful completion of his studies;

10 employer's statement to the foreign nationals employment Act.

(2) in addition to the documents referred to in article 7 and evidence are the application for a residence permit "Red white red - card" pursuant to § 41 para 2 Nos. 1 and 2 NAG following further documents and evidence to connect: 1 establishing a vocational training completed a relevant certificate or diploma;

2. for the detection of special knowledge and skills: a) service or training certificate and b) confirmation of employment;

3. to demonstrate of the General University entrance qualification a testimony about a graduation of the General University entrance qualification in the sense of § 64 para 1 of the University Act 2002, Federal Law Gazette I no. 120 complies with;

4. establishing a degree at a tertiary education institution with three years minimum: b) certificate of successful completion of the studies and b) proof of the status of University or other tertiary education institution;

5 proving adequate training experience: a) certificate of service and b) confirmation of employment;

6. to detect the presence of the German or English language skills a knowledge affirmative internationally recognized language certificate or course certificate.

7 for additional points as professional athletes or professional athletic trainers:. a) certificate of service and b) confirmation of employment;

8 employer's statement to the foreign nationals employment Act.


(3) in addition to the documents referred to in article 7 and evidence are the application for a residence permit "Red white red - card" pursuant to § 41 para 2 No. 3 NAG following further documents and evidence to connect: 1. proof of studies in Austria (second study section or half of the ECTS credit points) the appropriate semester and the corresponding certificates;

2. establishing a graduate degree or Bachelor and master studies in Austria a certificate of successful completion of his studies;

3. employer's statement to the foreign nationals employment Act.

(4) in addition to the documents referred to in article 7 and evidence are the application for a residence permit "Red white red - card" pursuant to § 41 para 2 No. 4 NAG following further documents and evidence to connect: 1. proof of the transfer of investment capital or the creation and safeguarding of jobs;

2. Description and objectives of the proposed business ("business plan").

(5) in addition to the documents referred to in article 7 and evidence are the application for a residence permit "EU blue card" according to § 42 or § 50a para 1 NAG following further documents and evidence to connect: 1 establishing a degree at a tertiary education institution with three years minimum: a) certificate of successful completion of the course;

b) proof of the status of University or other tertiary education institution;

2. employer's statement to the foreign nationals employment Act. "

11. According to article 9, the following section 9a and heading shall be inserted:

"Further documents and evidence of residence pursuant to § 8 paragraph 1 Z 4 to 6 NAG

section 9a. In addition to the documents referred to in article 7 and prove are applying for a residence permit in accordance with article 8, paragraph 1 Z 4 to 6 NAG following further documents and evidence to connect: 1. for a "residence permit - gainful" in the case of § 44 par. 2 NAG: a) proof of the previous property as bearers of privileges and immunities according to § 95 FPG.

b) proof of the transfer to retirement;

2. for a "residence permit" in the cases of § 43 para 2 and 49 NAG para 4: a) proof of self-employment;

b) description and objectives the proposed entrepreneurial activity ("business plan");

3. for a "residence permit - Member": a) Disclaimer of the sponsor;

(b) in the case of § 47 para 3 subpara 1 NAG: evidence of the nature and scope of the maintenance service;

(c) in the case of § 47 para 3 Z 2 NAG: proof of the existence of a durable relationship with the sponsor in the State of origin and evidence of the nature and scope of the maintenance service;

(d) in the case of § 47 para 3 No. 3 lit. a NAG: evidence of the nature and the scope and the period of the already carried out maintenance;

(e) in the case of § 47 para 3 No. 3 lit. b NAG: proof of the domestic community in the State of origin;

f) in the case of § 47 para 3 No. 3 lit. "NAG c: evidence of the serious health reasons and evidence about the compelling necessity of personal care by the sponsor."

12 according to § 9a, the following section 3a and heading shall be inserted:

"3a. section"

NAG to § 21a

Proof of German language skills

§ 9 b. (1) knowledge of the German language to elementary use of language at the simplest level in the sense of § 21a 1 NAG the A1 level of the common European framework of reference for languages (common European framework of reference for languages: learning, teach, assess, Berlin among others, Langenscheidt 2001).

(2) as proof of adequate German language skills in the sense of § 21a 1 NAG apply generally accepted language certificates or course certificates by the following agencies: 1 Austrian language diploma in German;

2. Goethe-Institut e.V.;

3. Telc GmbH;

4. Austrian integration fund.

(3) from the language certificate or course certificate, it must emerge that the stranger has knowledge of the German language at least at A1 level of the common European framework of reference for languages. Otherwise the proof of adequate German language skills are considered not provided."

13. the present section 4a. Gets the section name "4B." and the previous article 10a receives the paragraph called "10B", as well as according to § 10 of the following section 4a (new) together with the headline inserted:

"4a. section"

NAG to § 50a para 3

Form and content of the confirmation of the submission in accordance with § 50a para 3 NAG

Article 10a. (1) certificates on the submission in accordance with § 50a NAG are according to the model of annex I.

(2) manufactured forms on security paper for the copy of the confirmation referred to in paragraph 1 may be used only by the Austrian State printing house after the pattern of the attachment H. The forms are strictly to charge by the authorities."

14. after article 10, the following section 4 c and heading is inserted b (new):

"4 c. section

NAG to § 64 paragraph 6

Form and content of the confirmation of the legal residence pursuant to § 64 para 4 NAG

§ 10c. (1) certificates on the lawful residence pursuant to § 64 para 4 NAG to be J after the pattern of the plant.

(2) manufactured forms on security paper for the copy of the confirmation referred to in paragraph 1 may be used only by the Austrian State printing house after the pattern of the attachment H. The forms are strictly to charge by the authorities."

15 article 13 shall be added after paragraph 5 following paragraph 6 and 7:

"(6) the heading of section 1 and sections 1 and 2, § 2 para 1 and 3, 2a and 2B including headings, 7 para 1 No. 3 and subsection 3, 8 Z 7, 9 and 9a, including headings, the heading of the 3a." Section, § 9b including heading, the heading of the 4a. Section, Article 10a and heading, the heading of the 4B. section, § 10B, including heading, the heading of the 4c. Section, § 10c together with heading, as well as the annexes A to F, I and J in the version of regulation of the Federal Minister of the Interior, Federal Law Gazette No. 201/2011, II with 1 July 2011 into force.

(7) procedures, which had been pending prior to July 1, 2011, and in which the residence permit until no later than December 31, 2011 will be followed out, is to apply II No. 201/2011, subject to the proviso that the acceptance of the Papillar line prints distance can be taken, if this would constitute a disproportionate administrative burden 2 b as amended by the regulation of the Federal Minister of the Interior, Federal Law Gazette."

16. the annexes of A read to F:

(see annexes A to F)

17. under Annex H following equipment I and J are added:

(see attachments I and J)

Mikl-Leitner